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2011/10/04 Agreement Cherry Hills DevelopmentRECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City of Menifee S I& DOO # 2011-0439126 10/04/2011 04:03P Fee:NC Page 1 of 20 Recorded in Official Records County of Riverside Larry W. Ward Assessor, County Clerk & Recorder IIIIII IIIIIII III IIIIII IIII IIIIIII IIIII III IIIII IIII IIII R I U I PAGE I SIZE I DA I MISC I LONG I RFD I COPY I1�0. A I L 1 465 1 426 IPCORINCORI SMF Attn: Rob Johnson (Space Above Line NCi- (Ii - C '. IT: I CTY I UNI Recording Fee Exempt Pursuant to Government Code Section 6103 MAINTENANCE AGREEMENT THIS MAINTENANCE AGREEMENT (the "Maintenance Agreement") is made and entered into as of August 2; 2011, by and between the City of Menifee ("City") and Cherry Hills Development, LLC, a California Limited Liability Company, Sun City Shopping Center, LLC, a California Limited Liability Company dba Cherry Hills Plaza, and Tapco Sun City, LLC, a California Limited Liability Company ("Shopping Center Owner" or "Owner"). RECITALS: WHEREAS, Shopping Center Owner is the owner of the Sun City Shopping Center, legally described on Exhibit A, attached and incorporated here; and WHEREAS, the City right-of-way ("ROW") between the sidewalk and the Sun City Shopping Center is dirt, with weeds, and must be maintained to remove debris; WHEREAS, City has proposed retrofitting the area with point-to-point drip irrigation and native drought tolerant landscape similar to that of the Sun City Library; and WHEREAS, in exchange for this City retrofit, Owner has agreed to maintain the area +R-perpetai- ; and — Fop. F Sy EATS NOW, THEREFORE, the Owner and the City agree as follows: Section 1. Acknowledgments and Representations of the Parties (a) The Owner hereby acknowled jes and represents that, as the date of execution of this Maintenance Agreement it is the sole owner of the Sun City Shopping Center and has the legal authority to execute this document. (b) Each party confirms that the Recitals set out above are true and correct. Section 2. Maintenance of the ROW and Grant of Access: (a) The Owner, for himself and his its successors and assigns, at his sole cost and expense, hereby covenants and agrees that upon completion of the retrofit, he shall be responsible for the inspection and maintenance of the 601; V 605 ROW, as follows: The ROW shall be maintained in good condition, including but not limited to maintenance of all plant materials, irrigation, drainage or erosion, without weeds. Owner shall regularly remove trash from the ROW. Maintenance includes routine replacement of irrigation parts and lines, plants, application of any fertilization or pesticide, and general upkeep of the ROW. (b) In the event plant material or irrigation is damaged or destroyed, City shall be responsible for the replacement of the plants or irrigation system. (c) Owner (and any Successors -in -Interest, as defined below) hereby are granted a right of access to enter the ROW to maintain it. Section 3. Failure to Maintain: In the event that at any time during the term of this Maintenance Agreement, Owner shall fail to maintain the ROW, the City shall notify Owner in writing of the failure and shall give Owner fifteen (15) calendar days from the date of such notice to cure the maintenance deficiency as identified in the notice. In the event the Owner fails to cure or commence to cure the maintenance deficiency within the time allowed, the City shall have the right to perform all acts necessary to cure the maintenance deficiency, or to take other action at law or equity the City may then have to accomplish the abatement of the maintenance deficiency. If not paid by the Owner within thirty (30) calendar days after written demand for payment, Owner specifically agrees that any and all amounts expended by the City or the City for the abatement of a maintenance deficiency at the discretion of the City may be come become a lien on Owner's property as described in Exhibit "A", and Owner specifically consents to such lien on the property and to the City or City's enforcement of such lien as allowed by law. This Agreement shall be enforceable by the City or any successor thereto. Section 4. Maintenance Aareements to Run With the Land. As set out herein, the provisions of this Maintenance Agreement shall be a Maintenance Agreement running with the land for the Maintenance Agreement Term and shall be enforceable by the City in its discretion, cumulative with any other rights or powers granted by the City under applicable law. The Owner hereby declares his/its specific intent that -this Maintenance Agreement shall pass to and be binding upon the Owner and each Successor -In -Interest of the Owner for the Maintenance Agreement Term. The words "Successor -In -Interest" mean and refer to the person, corporation, or other business entity which may acquire the Sun City Shopping Center Property from the Owner at any time during the Maintenance Agreement Term by purchase, assignment, transfer or otherwise. The Successor-lh-Interest shall be bound by each of the Maintenance Agreements, conditions and restrictions of this Maintenance Agreement. Section S. Maintenance Agreement Term. The words "Maintenance Agreement Term" shall mean and refer to the period of time when this Maintenance Agreement shall be in effect. This Agreement shall be for n � FRI" -D�}-TF_ O IF EX 9bu f o � P�'�� o f Section 6. Indemnification. (a) Owner shall indemnify, defend and hold harmless City, its officers, agents, 2911-04"9126 5w� and employees, from and against any and all damages, liabilities, claims, or costs (including but not limited to attorneys' fees) for bodily injury (including death) or property damage arising or alleged to arise. from Owner's performance or failure to perform hereunder, except that arising from the sole negligence or willful misconduct of City. (b) City shall indemnify, defend and hold harmless Owner, its officers, agents and employees, from and against any and all damages, liabilities, claims or costs (including but not limited to attorneys' fees) for bodily injury (including death) or property damage arising or alleged to arise from City's ownership or operation of the ROW, except that arising from Owner's sole negligence or willful misconduct. Section 7. Notice. Any notice required to be given under this Maintenance Agreement shall be given by the one party to the other by personal delivery or by First Class United States mail at the- addresses specified below or at such other address as may be specified in writing by the parties hereto: If to the City: City of Menifee Attention: City Manager's Office 29741 Haun Road Menifee, CA If to the Owner: Stephen M. Tapley 26834 Cherry Hills Boulevard Menifee, CA 92586 951-679-2010 Notice shall be deemed given three (3) calendar days after the date of mailing to the party, or, if personally delivered, when received by the City or Owner, as applicable. Each party may change its address by notifying the other party, in writing, of the party's new address. OWNER Date: cq-o t-1 26 Section 8. Miscellaneous: This Maintenance Agreement shall be governed by the laws of the State of California. This Maintenance Agreement may be amended only by a written instrument executed by the parties. No waiver of any term or provision of this Agreement shall be a continuing waiver thereof. 3 +66 2 .�1�°°�m� � Section 9. Attorneys' Fees. In the event that either party brings an action to enforce this Maintenance Agreement, the prevailing party in such action shall be entitled to recover from the other party reasonable attorneys' fees to be fixed by the court in which a judgment is entered, as well as the costs of such suit. CITWC William A. Rawlings, City Manager Date: ATTEST: wlaL&� Kathy Bennett, City Clerk Approveed,, as to Form-, Karen A. Feld, City Attorney OWNE Steph 91M. Tapley, Cherry Hills Development, LLC Sun City Shopping Center, LLC Tapco Sun City, LLC �--- Date: C! INVINIIII�IIIIIIUIVIIIV ��°:�;��`� ACKNOWLEDGMENT State of California County of V �i v I` I�) �r�' I On 1 �t I before me, I Ion NOTARY PUBLIC Ma ins,5mhm p�- g ame nd title of the officer) personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within. instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS d and i se Signature (Seal) MARV MUGMET FARMER MILLN Co00woo • IM179 RMNW CN* Mv Co00. E Nes AM 14 015 11111111111111111111111111111111111111111111111111111 ��"-�:;a'- EXHIBIT "A" Legal Description of the Shopping Center Property 1111111Nlllllllllllllllllllllllllll 0�:'4�",'i:'� � RECORDING REQUESTED BY: LANDAM/COMMONWEALTH Title Order No: 02108132-09 _. Escrow No: 24764LA kND WHEN RECORDED MAIL THIS DEED AND, UNLESS OTHERWISE SHOWN BELOW, MAIL TAX STATEMENT TO: John Motte Bradley Medical Associates, LLC 445 South "D" Street Perris, CA 92570 APN: 337-302-022-4 SPACE ABOVE THE UNDERSIGNED GRANTOR DECLARES: DOCUMENTARY TRANSFER TAX is $ 0.00 DOG _ _•. Z004-0-77ZZ04 09/29/2004 08:00A Fee:30.00 Page 1 of 2 Recorded in Official Records County of Riverside Gary L. Orso Assessor, County Clerk & Recorder IIIIII IIIIII IIIIII III IIIIIII 11111111111111111111111111 declarant or ing tax) GRANT DEED THIS CONVEYANCE CHANGES THE MANNER IN WHICH TITLE IS HELD, GRANTOR AND GRANTEE REMAIN THE SAME AND CONTINUE TO HOLD THE PROPORTIONATE INTEREST R & T 11911 FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Bradley Medical Associates, A California General Partnership, does herebyremise, release and forever grant to Bradley Medical .ssnd,-. tes, L LC, A California Limited Liability Company, that real property in the County ofRiverside, located at 28125 Bradley Road, Sun City, California, which is more legally described as: THE LEGAL DESCRIPTION IS ATTACHED HERETO AND MADE A PART HEREOF AS EXHIBIT "A" Dated: September 14, 2004 STATE OF CALIFORNIA COUNTY OF RIVERSIDE ,j ) 5�o C,l`O. �-1 (c On September 14, 2004 before me, the undersigned Notary Public, in and for the County and State, personally appeared John D. Motte X personally blown to me or _ proved to me on the basis of satisfa s subscribed to the within instrctory evidence) to be the be the persons whose name iument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person(s) acted, executed the instrument. WIT!�S my hand and official seal: KATHLEEN C. KEYES Commission # 1405560 i Notary Pubic — Cal fomta (SEAL) Riverside County N ary's Signature My Comm. Expaea Mar 15, 2007 I�II�II�IIII�IIIIIII�IIIIII�ItiYI�I11Y1 �y"�`�o'3P File No: 02108132 EXHIBIT "A" All that certain real property situated in the County of Riverside, State of California, described as follows: Lots 14, 15 and that portion of Lot 16 of Tract No. 3628, in the County of Riverside, State of California, as per map recorded in Book 57, page(s) 46 and 47, of Maps, in the office of the County Recorder of Riverside County, California, described as follows: Beginning at the Northwesterly corner of Lot 14; Thence South 200 30' 00" East along the Westerly line of said lot and the Southeastern prolongation of said line, 405.32 feet more or less to a point on the Southwesterly prolongation of the Southerly line of Lot 15; Thence North 690 30' 00" East along the Southwesterly prod of the Southerly line and the Southerly line of said Lot 15, 210.01 feet to the Westerly line of Bradley Road; Thence North 201 30' 00" West along the Westerly line of Bradley Road, 123.04 feet to the beginning of a tangent curve, concave to the Southwest and a radius of 556.00 feet; Thence Northwesterly along said Westerly line through a central angle of 300 30' 37", 296.07 feet tot East Half Northwesterly corner of Lot 14; Thence South 690 30' 00" West from a radial bearing of North 380 59' 23" East, 133.02 feet to the Point of Beginning; Excepting 52 percent of the 100 percent of all oil and mineral rights in, on and under the herein described property, without any rights of ingress and egress, as reserved in Deed from George D. Newport and Dorothea K. Newport, husband and wife, recorded November 29, 1957 in Book 2185, Page 189 of Official Records of Riverside County, California. IIIIII IMI�INIIII�IIIIIININIIII� ��""Am"� Page 3 Regarding Requested First American Title Camps RECORDING REQUESTED BY First American Title Insurance Company National Commercial Services AND WHEN RECORDED MAIL TO: Tapco Sun City, LLC , 41275 Via Del Toronjo Temecula, CA 92592 m Doc a 2000---0626so l 08/03/2005 08;00A Fee:20.00 Page 1 of 2 Doc T Tax Paid Recorded in Official Records County of Riverside Larry W. Ward Assessor, County Clerk & Recorder 111111111111111111111111111111111111111111111111111111 MEM NON=�E GRANT DEED �ya A.P.N.: 337-320-010-9 T.R.A. No.054-030 File No.: NCS-17`7744066--ONT1 (Ik) x computed on the consideration or full value of property conveyed, OR computed on the consideration or full value less value of (lens and/or encumbrances remaining at time of sale, x unincorporated area; [ ] City of , and TC Property Transfer Tax Is set out by separate statement pursuant to Section 11932 of the Revenue & Taxation Code FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Sun City Shopping Center LLC a California limited liability company hereby GRANTS to Tapco Sun City, LLC, a California limited liability company the following described property in the unincorporated area of the County of Riverside, State of California: PARCEL 3 OF PARCEL MAP NO. 28811, AS SHOWN ON THAT CERTAIN PARCEL MAP FILED IN THE OFFICE OF THE COUNTY RECORDER OF RIVERSIDE COUNTY, STATE OF CALIFORNIA ON AUGUST 14, 2002, IN BOOK 202 OF PARCEL MAPS PAGES 66 AND 67. Dated: 08/02/2005 Mall Tax Statements To: SAME AS ABOVE 2011-04391215 A. P. N .: 337-320-010-9 Sun City Shopping Center, LLC, a California limited liability company By: Ste0en M. Tapley, M. Whiti By: Donald Veasey, M ger Grant Deed - continued File No.:NCS-177405-ONTi (Ik) Date: 08102/ 2005 STATE OF } ��-� ) ss. COUNTY OF �Vi R�Pr &JAvD } On t�! W16 before me, personally appeared personally knowh to me (or pr ve tom on the basis of tisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies) and that his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. This area for offldal notarial seal Signature �T SZU WAN CHANG ' Commission # 1391349 A`iii Notary Public - California W Los Angeles County My Commission Expires: �� — _a .`y,� W1yComm. boresDec22.2006 Notary Name: Notary Phone: f a 0a ) n 0 - (a Notary Registration Number: —ram County of Principal Place of Business .¢ Page 2 of 2 111111111111111111111111111111111111111111111111111111 �A ��;o�„ ` VHEN RECORDED MAIL TO: Sun City Shopping Center P.O. Box 643 Sun City, CA 92586 Attn: Steven M. Tapley SPACE ABOVE DOC # 2009-0554663 10/27/2009 08:00A Fee:15.00 Page 1 of 3 Recorded in official Records County of Riverside Larry U. Uard Assessor, County Clerk & Recorder 11111111111 IN 1111111 H 111It 1111111 S R U PAGE SIZE DA MISC LONG RFD COPY A L 5 426 PCOR NCOR SMF NCHG �jM+ `-,fit T: CTY UNI 6- - Computed on the consideration or valueW prillferty conveyed; OR _ Computed on the consideration or value less liens or encumbrances remaining at time of sale. Signature of Declarant or Agent determining tax —Firm Name 6NO CONSIDERATION _32o-00+q GRANT DEED M. 02&-l" 337-324-004-4 FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, County of Riverside, a political subdivision of the State of California, does hereby GRANT to Sun City Shopping Center, LLC a California limited liability company, the property in the City of Menifee, County of Riverside, State of California, described as Lot "A" of Notice of Lot Line Adjustment No. LLA 2009-056 recorded (0-a`7' , 2009, as Instrument No. 2009- 6"i- WR;)-of Official Records in the Office of the County Recorder of Riverside County, California. This deed is being recorded in compliance with the requirements of Section 66412(d) of the Subdivision Map Act. Date 5 C—d, 2( STATE OF k } COUNTY OF 1V d-e ) On this 221_day of '5<,Ot r Z 0 Qfl before me, OOLVNdkc�e 6' t>:v a notary public in and for said State personally appeared 'Kobc.Y1- r►ud who proved to me on the basis of satisfactory evidence to be the person(s) whose nameo) is/�& subscribed to the within instrument and acknowledged to me that he/sK6/tKey executed the same in his/h,4r/their authorized capacity(ied), and that by his/hdr/th9ir signature( on the instrument the person(d) or the entity upon behalf of which the person(g) acted, executed the instrument. County of Riverside, a political subdivision of the State of California By: Name Title: By: Name: Title: I certify under PENALTY OF PERJURY under the laws I A00.4L CMICE E. ETTEE of the State of California that the foregoing paragraph is a _ COMM. 01792098 a true and correct. N x - nis o RWem* County WITNESS 'A ihand and official sea]. WMY Cttnm F&2012 Signature W(bt�C �� (This area for official notarial seal) H1Pdeta115101E �3Vu, inVlegelslf9431a0ptgranldeedl dot IIIIIII IIIIIII III IIIIII IIII IIIIIII IIIII III IIIIII III IIII lri, 04 201 f04:03P EXHIBIT "A": PARCEL A That certain parcel of land situated in the City of Menifee, County of Riverside, State of California, being that portion of Parcel 2 of Parcel Map No. 28811, as shown on the map filed in Book 202, Pages 66 and 67 of Parcel Maps in the Office of the County Recorder of said Riverside County together with that portion of Lot 484 of Tract No. 2364 as shown on the map filed in Book 43, Pages 57 through 65, inclusive of Maps in the Office of said Riverside County Recorder together with that portion of Lot 2 of Romola Farms No. 14 as shown on the map filed in Book 19, Page 56 of Maps in the Office of said Riverside County Recorder, all lying within Section 28, Township 5 South, Range 3 West, San Bernardino Meridian, being a portion of the land of the County of Riverside as described in the Certificate of Parcel Merger No. MER2009-055 recorded I O-D-1 - , 2009 as Instrument No. 2009-05-54 and a portion of the land described in the deed to Sun City Shopping Center, LLC recorded April 8, 1997, as Instrument No. 118856, both of Official Records of said Riverside County California, described as a whole as follows: BEGINNING at the easterly terminus of that certain course shown as "N89045'13"E 188.06"' for a portion of the general southerly line of said Parcel 2; thence along the boundary of said Parcel 2 the following courses: South 89045'13" West 188.06 feet; thence South 00*14'47" East 136.06 feet; thence South 69°51'30" West 108.34 feet to the beginning of a tangent curve concave northwesterly and having a radius of 5950.00 feet; thence along said curve westerly 121.96 feet through a central angle of 01 °10'28"; thence non -tangent from said curve North 00014'47" West 160.64 feet; j thence South 89045'13" West 223.67 feet; thence South 73036'52" West 80.18 feet; thence North 00°14'47" West 448.66 feet; thence North 89°45'13" East 148.98 feet; thence North 00014'47" West 155.00 feet; 111111IMIp�llll�l�lll�lllll�� 09''="'.�°R thence North 00005'21" East 11.48 feet; thence North 89045'24" East 366.13 feet; thence South 20°28'51" East 214.14 feet; thence along said boundary and its northeasterly prolongation North 69°30'55" East 210.03 feet to the westerly line of Bradley Road as shown on said Parcel Map No. 28811; thence along said westerly line of Bradley Road South 20°28'24" East 97.24 feet; thence South 70°25'02" West 188.58 feet; thence South 19"40'04" East 191.69 feet to the northerly prolongation of the easterly line of Parcel 3 of said Parcel Map No. 28811; thence along said northerly prolongation South 00°14'47" East 77.48 feet to the POINT OF BEGINNING. CONTAINING: 8.868 Acres, more or less. 111111111111111111111111111111111111111111111111111111 ��''�'�A� WHEN RECORDED MAIL TO: County of Riverside EDA 1325 Spruce Street, Suite 400 Riverside, CA 92507 Attn: Gabriel D. Martin DOC # 2009-0554664 10/27/2003 08.004 Fee:NC Recorded Pineofficial Records County of Riverside Larry �, tJard Assessor, Count 1111111 Y Clerk 6 Recorder lj 111113 IN1111111111fill, 1, 111, R U PAGE S DAMSMNr COPY 4 EXAM , SPACE ABOVE THIS LINE FOR KtVvrcu1 CTY I UNI DOCUMENTARY TRANSFER TAX 3 2(C/ Computed on the consideration or value of property conveyed; OR Computed on the consideration or value less liens or encumbrances F remaining at time of sale. Signature of Declarant or Agent determining tax- it eCONSIDERATi3ON 034 ,4)VAA, p*, �37.32.&Iq-q GRANT DEED 1A, ou. -'&�' FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Sun City Shopping Center, LLC, a California limited liability company, does hereby GRANT to County of Riverside, a political subdivision of the State of California, the property in City of Menifee, County of Riverside, State of California, described as Lot °B" of Notice of Lot Line Adjustment No. LLA 2009-056 recorded 10" ?-) 2009, as Instrument No. 2009- &-S5 -k aUo- of Official Records in the Office of the County Recorder of Riverside County, California. This deed is being recorded in compliance with Sub ivision Map Act. Date f •� STATE OF ) COUNTY OF ) On this �1 day of 1- _ before me, 91 / ,t;/r- (Lvka notary public in and for said State personally appeared s ic4ak& ., 41 TaP/i( , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capecity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS and andZ 'I seal. Signaiur H;1Pdata1151019431AdminNepaMl9431ta001 prenldeed2.dx the requirements of Section 66412(d) of the Sun City Shopping Center, LLC A California limited liability company r By: Name: Title: :'� COOK CotoI / 1111219 Nog • Ct RCalattr m 0se 26, 2012 ga8at61 -2 Ye. 1 a (This area for official notarial seal) �°' IIIIIIIIIIINIYIIIIYIIINIIIIIIIIIIIIII •�'°�',��- EXHIBIT "A" PARCEL B That certain parcel of land situated in the City of Menifee, County of Riverside, State of California, being that portion of Parcel 2 of Parcel Map No. 28811, as shown on the map filed in Book 202, Pages 66 and 67 of Parcel Maps in the Office of the County Recorder of said Riverside County together with that portion of Lot 484 of Tract No. 2364 as shown on the map filed in Book 43, Pages 57 through 65, inclusive of Maps in the Office of said Riverside County Recorder together with that portion of Lot 2 of Romola Farms No. 14 as shown on the map filed in Book 19, Page 56 of Maps in the Office of said Riverside County Recorder, all lying within Section 28, Township 5 South, Range 3 West, San Bernardino Meridian, being'a portion of the land of the County of Riverside as described in the Certificate of Parcel Merger No. MER2009-055 recorded t0'2`1 , 2009 as Instrument No. 2009- C55�1UU?and a portion of the land described in the deed to Sun City Shopping Center, LLC recorded April 8, 1997, as Instrument No. 118856, both of Official Records of said Riverside County California, described as a whole as follows: BEGINNING at the northeasterly corner of Parcel 3 of said Parcel Map No. 28811; thence along the easterly line of said Parcel 3 South 00014'47" East 68.00 feet to the northerly line of Cherry Hills Boulevard, as shown on said Parcel Map No. 28811; thence North 69051'30" East 225.53 feet to the beginning of a tangent curve concave northwesterly and having a radius of 15.00 feet; thence along said curve northeasterly and northerly 22.67 feet through a central angle of 86°35'58" to a point of compound curvature with a curve concave southwesterly and having a radius of 456.00 feet, a radial line of said curves from said point bears South 73"15'32" West; thence along said curve northerly 29.70 feet through a central angle of 03043'56' thence tangent from said curve North 20028'24" West 282.85 feet; thence South 70025'02" West 188.58 feet; thence South 19°40'04" East 191.69 feet; thence South 00°1447" East 77.48 feet to the POINT OF BEGINNING. CONTAINING: 1.510 Acres, more or less. iuu�uiuuiinuiiMuuii�uui�uiuu �� �,�n:. a RECORDING REQUESTED BY First American Title Insurance Company National Commercial Services AND WHEN RECORDED MAIL TO: Cherry Hills Development, LLC P. 0. Box 891027 Ternecula, CA 92589-1027 DOC N 200r-a-0S2G500 08/03/2005 08:00A Fee:20.00 Page 1 of 2 Doe T Tax Paid Recorded in Official Records County of Riverside Larry W. Ward Assessor. County Clerk & Recorder 1111111111111111111111111111111111111111111111111111111 IN N11ENIMMEWEENW GRANT DEED P A.P.N.: 337-320-011-0 T.R.A. No.054-030 File No.: NCS-177414-ONT1 (Ik) i x computed on the consideration or full value of property conveyed, OR computed on the consideration or full value less value of liens and/or encumbrances remaining at time of sale, x unincorporated area; [ I City of , and TC Property Transfer Tax is set out by separate statement pursuant to Section 11932 of &he Revenue & Taxation Code FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Sun City Shopping Center LLC a California limited liability company 1 hereby GRANTS to Cherry Hills Development, LLC, a California limited liability company the following described property In the unincorporated area of the County of Riverside, State of California: PARCEL 4 OF PARCEL MAP NO. 28821, AS SHOWN ON THAT CERTAIN PARCEL MAP FILED IN THE OFFICE OF THE COUNTY RECORDER OF RIVERSIDE, STATE OF CALIFORNIA ON AUGUST 14, 2002, IN BOOK 202 OF PARCEL MAPS PAGES 66 AND 67. Dated: ._ 08/02/2005 Mail Tax Statements To: SAME AS ABOVE IN ,.a��,oe=.�o, A.P.N.: 337-320-011-0 Grant Deed - continued File No.:NCS-177414-ONT1 (Ik) Date: 08/02/ 200S Sun City Shopping Center, LLC, a California limited liability company , a44 By: Ste en M. Tapley, Map6ger By: Douglas M. Whiting, Ma ag r ,v By: Donald Veas , anger STATE OF } ss. COUNTY OF \ On uS tad aooS before me, personally appeared personally knowiii to me (or proved t me on 6e basis of satisfactibry evidence) to be the pe on(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies) and that his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the Instrument. WITNESS my hand and ofr-icial seal, 7h1s area for official notaria/seal Signature SZU WAN CHANG *WXILMY Commission A 1391349 Notary Public - CaliforniaLos Angeles County My Commission Expires: T�-;�� - n �'"Comm. E)pires Dec 22.2006 Notary Name: Notary Registration Number: Notary Phone:Gaq) -<-%j0- (P-NW County of Principal Place of Business- c Page 2 of 2 IuNiuiuui�i�Nmuiu�i�oiuiu�mi�i „�;:y:W;a. lL _ Recor fg Rflto9eW� O 'First American Title Ineursnce Cornp C®D Ti MED RECORDING REQUESTED BY: ,'.'Uh"iS YCAS blontirront Fund AND WHEN RECORDED, MAIL TO: , sia'a Sun City Shopping Center LLC C/O Tapley Real Es#ate 29377 Rancho Calif. Rd. #200 Temecula, Ca 92591-5206 118856 G) RECEIVED FOR RECORD AT 2:00 O'CLOCK APR - 81997 PAID Doe. T10flsf@f T9 FRANK it. JOHNNN RIv. co. Recordt3r Raft" In 016ed Amok a"""a°"""°' 1d., 4 - Rom' l7i Fees S THIS SPACE FOR RECORDER'S USE ONLY ASSESSOR'S PARCEL NO.! 337-320-007 The undersigned Grantor(s) declare(s) that the DOCUMENT TRANSFER We4 OS Q3O TAX IS: TITLE ORDER NO,: $ _ / County $ City ESCROW NO.: 1140- 01 computed on the full value of the Interest of property conveyed, or Z computed on the full value less the value of liens or encumbrances GRANT DEED remaining thereon at the time of sale — OR transfer Is EXEMPT from tax for the following reason: FOR A VALUABLE CONSIDERATION, receipt of which Is hereby acknowledged, Joe Cordova, an Unmarried man hereby GRANT(S) to SUn CiLy shopping Center LLC R P4 h rerh 10 L, h•, ; 4 e J -14 6 all that real property situated in the city of Sun city County of RIVERSIDE , State of Calffornla, described as: Full legal description attached hereto and made a part hereof as Exhibit „An N I� Dated March 20, 1997 STATE OF CALIFO } Joe Cordova COUNTY a I V 5lb � \n� In'� F7 before meJ N(702--) , Notary Public, personally appeared ,Tom ORiDOVA personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose names) Is/are subscribed to the within Instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized c pacity(ies), and that by his/her/their slgnature(s) on the i rument the perkon(s), or the ntity upon behalf of which th person(s) acted, executed the in trument. WITNES Y hand �Pd officla) seal/ Signature MAIL TAX STATEM SAME AS ABOVE- ®®OF121 Y' C¢8rO®ID P.009oOO R619� SANDI WINGER � �„ ++ CC?AfiiA fk10GbGs8 Y �y HOTA.FZY PUc'x1C - G4.JF:MNA RIVER3:Ge COUNTY z m - My Corrrcn Expsps AUG 7 1999 e OoaaneeeuaoaBeaeeumasova (fhb "a for cmcbl nelwy 564 F., EXHIBIT "A" LOTS 16 AND 17 AND THOSE PORTIONS OF LOTS 1, 2, 3, 12 AND 13, ALL IN TRACT NO. 3628, AS SHOWN BY MAP ON FILE IN BOOR 57 PAGES 46 AND 47 OF MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 13; THENCE NORTH 20 DEGREES 30' 00" WEST, ALONG THE EASTERLY LINE OF SAID LOT 13, A DISTANCE OF 28.24 FEET; THENCE SOUTH 89 DEGREES 44' 36" WEST, 365.95 FEET, MORE OR LESS TO THE EASTERLY LINE OF THE LAND CONVEYED TO CHEVRON INVESTMENT, A PARTNERSHIP, BY DEED RECORDED OCTOBER 23, 1967 AS INSTRUMENT NO. 93046 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA; THENCE SOUTH 00 DEGREES 15' 24" EAST, ALONG THE EASTERLY LINE OF SAID LAND CONVEYED TO CHEVRON INVESTMENTS 11.50 FEET TO TEE SOUTHEAST CORNER THEREOF; THENCE SOUTH 89 DEGREES 44. 36" WEST, ALONG THE SOUTHERLY LINE OF SAID LAND CONVEYED TO CHEVRON INVESTMENTS, 149.00 FEET; THENCE SOUTH 00 DEGREES 15' 24" EAST, 603.72 FEET, MORE OR LESS, TO THE SOUTHERLY LINE OF LOT 1'OF SAID TRACT NO. 3628; THENCE NORTH 73 DEGREES 35' 56" EAST, ALONG THE SOUTHERLY LINE OF SAID LOT 1, A DISTANCE OF 80.17 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE SOUTHERLY HAVING A RADIUS OF 90.72 FEET; THENCE EASTERLY ALONG SAID TANGENT CURVE, BEING COINCIDENT WITH SAID SOUTHERLY LINE OF LOT 1, THROUGH A CENTRAL ANGLE OF 16 DEGREES 08' 4011, AN ARC DISTANCE OF 25.56 FEET TO THE SOUTHEASTERLY CORNER OF SAID LOT l; THENCE NORTH 00 DEGREES 25' 24" WEST, ALONG THE EASTERLY LINES OF LOTS 1 AND 2 OF SAID TRACT NO. 3628, A DISTANCE OF 562.85 FEET TO THE NORTHEAST CORNER OF SAID LOT 2; THENCE NORTH 89 DEGREES 44. 36" EAST, ALONG THE SOUTHERLY LINES OF LOTS 3, 12 AND 13 OF SAID TRACT NO. 3628, A DISTANCE OF 420.72 FEET TO THE POINT OF BEGINNING; EXCEPTING 52 PERCENT OF THE 100 PERCENT OF ALL OIL AND MINERAL RIGHTS IN, ON AND UNDER THE HEREIN DESCRIBED PROPERTY, WITHOUT ANY RIGHTS OF INGRESS OR EGRESS, AS RESERVED IN DEED FROM GEORGE D. NEWPORT AND DOROTHEA K. NEWPORT, HUSBAND AND WIFE RECORDED NOVEMBER 29, 1957 IN BOOK 2185 PAGE 189 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA; ALSO EXCEPTING THEREFROM THAT PORTION THEREOF DESCRIBED AS FOLLOWS: THAT PORTION OF LOT 16 IN TRACT NO. 3628, AS SHOWN BY MAP ON FILE IN BOOK 57 PAGES 46 AND 47 OF MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWESTERLY CORNER OF LOT 14; THENCE SOUTH 20 DEGREES 30' 00" EAST ALONG THE WESTERLY LINE OF SAID LOT AND THE SOUTHEASTERN PROLONGATION OF SAID LINE, 405.32 FEET, MORE OR LESS, TO A POINT ON THE SOUTHWESTERLY PROLONGATION OF THE SOUTHERLY LINE OF LOT 15; THENCE NORTH 69 DEGREES 30' 00" EAST, ALONG THE SOUTHWESTERLY PROLONGATION OF THE SOUTHERLY LINE AND THE SOUTHERLY LINE OF SAID LOT 15, 210.01 FEET TO THE WESTERLY LINE OF BRADLEY ROAD; THENCE NORTH 20 DEGREES 30' 00" WEST ALONG THE WESTERLY LINE OF CL BRADLEY ROAD, 123.04 FEET TO THE BEGINNING OF A TANGENT CURVE t0C9 CONCAVE TO THE SOUTHWEST AND HAVING A RADIUS OF 556.00 FEET; THENCE NORTHWESTERLY ALONG SAID WESTERLY LINE THROUGH A CENTRAL �T,,iz.0 ANGLE OF 30 DEGREES 30' 37", 296.07 FEET TO THE NORTHEASTERLY CORNER OF LOT 14; a v THENCE SOUTH 69 DEGREES 30. 00" WEST FROM A RADIAL BEARING OF NORTH c u 38 DEGREES 59' 23" EAST, 133.02 FEET TO THE POINT OF BEGINNING.